S. Dineshkumar v. State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN S.Dineshkumar

...Petitioner/Accused

Vs.

State rep by The Inspector of Police, E2 Peelamedu Police Station, Coimbatore City.

(Crime No.170 of 2025) ...

Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.170 of 2025 pending on the file of the respondent.

For Petitioner :

Mr.M.Saravanakumar For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 18.03.2025, seeking bail Page No.1 of 5

in Crime No.170 of 2025 registered for the offence under Section 75 of BNS and Sections 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2. The case of the prosecution is that on 28.02.2025, while the defacto complainant was walking on the road, the petitioner came in a two wheeler had inappropriately touched the defacto complainant's breast. Hence the case.

3.The learned counsel for the petitioner would submit that the allegations are false and that in any case, considering the period of incarceration, he may be released on bail.

4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and opposed for grant of bail to the petitioner.

5. Considering the nature of allegations against the petitioner and the period of incarceration, this Court is of the view that further custody of the petitioner is not required for the purpose of investigation. Hence, this Page No.2 of 5

Court is inclined to grant bail to the petitioner with certain conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Additional Mahila Court, Coimbatore and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

[c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court Page No.3 of 5

himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

08.04.2025 rkp Copy to:

1.The Inspector of Police, E2 Peelamedu Police Station, Coimbatore City.

2.The Judicial Magistrate, Additional Mahila Court, Coimbatore.

3. The Superintendent, Central Prison, Coimbatore. 4.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

SUNDER MOHAN, J.

rkp 08.04.2025 Page No.5 of 5